TITLE 11 - MOTOR VEHICLES AND TRAFFIC

SECTION:

It is hereby declared to be the intent of the governing body of the City to aid and assist by whatever means possible, for the utmost consistency in traffic regulation among and between agencies of Idaho having such jurisdiction. Toward that end, adoption of the Idaho Motor Vehicle Laws by the cities of Idaho is a necessary means of assuring maximum uniformity within the State.

There is hereby adopted for the purpose of establishing rules and regulations for the use of all streets and public thoroughfares of the City that certain code, identified as the 1969 Revised Edition, Idaho Motor Vehicle Laws, more particularly title 49, Idaho Code, published by the Department of Law Enforcement, and as the same may hereafter be revised by the Idaho Legislature, or amended by the governing body, and the same is hereby adopted and incorporated as an ordinance of the City as fully as though set forth at length herein.

Three (3) copies of the Idaho Motor Vehicle Laws, together with any revisions or amendments, duly certified by the City Clerk, shall be kept on file in his office for use and examination of and by the public.

(Ord. 176, 12-28-1970)

For the purpose of the regulation and control of traffic upon the streets of the City, there is hereby established a restricted vehicular district and the City Council is hereby authorized and directed to designate, from time to time hereafter as is deemed necessary for the control of traffic, all streets and parts of streets to be included within said district, and for such purpose the Council is also hereby authorized and directed to erect and place such signs within such districts as shall give notice of the various hours and times of parking within such district.

(1985 Code)

The City Council is hereby authorized to designate such through streets, stop streets, one-way streets, safety zones, places where parking is prohibited and no U-turn intersections, in and upon the streets of the City as shall be deemed necessary for the regulation and control of traffic, and shall cause appropriate signs, signals or other traffic devices to be placed and maintained upon such streets to give notice thereof.

(Ord. 167, 2-4-1969; amd. 1985 Code)

A.

The city council is hereby authorized and directed to designate loading and unloading zones, within said restricted vehicular district, and no person shall stop, stand or park a vehicle within or at said designated zones for any purpose or length of time other than for the expeditious and actual loading or unloading of passengers, materials, goods or merchandise except in places where, and at hours when, parking for the loading or unloading of materials, goods or merchandise is permitted. Drivers of vehicles may back into the curb to take on or discharge loads; provided, that the driver of such vehicle must first procure a permit therefor from the city clerk. such loading zones shall not be applicable between the hours of seven o'clock (7:00) P.M. and eight o'clock (8:00) A.M. nor on Sundays or holidays.

B.

A violation of this subsection shall be punishable by an administrative citation.

(Ord. 167, 2-4-1969; amd. 1985 Code; Ord. No. 2024-18, § 12, 7-2-2024)

It shall be unlawful for any person to drive any vehicle upon the streets or highways of the city carelessly and heedlessly in wilful or wanton disregard of the rights or safety of others, or without due caution and circumspection or at a speed or in a manner so as to endanger or to be likely to endanger any person or property.

(Ord. 87, 12-3-1945)

Unless otherwise posted, the maximum speed limit is twenty five (25) miles per hour within the Kuna city limits, except for authorized emergency vehicle use.

(Ord. 617, 9-9-2002)

All vehicular and pedestrian traffic facing the "Stop" device shall stop before entering the nearest crosswalk at an intersection or at such other point as may be indicated by a clearly visible line, and no vehicle or pedestrian facing such device shall enter onto the crosswalk or cross such street.

(Ord. 167, 2-4-1969)

No person operating a motor vehicle shall make a U-turn or turn reversing the direction of travel at any intersection in which "No U Turn" signs are erected, nor at any intersection at which there is a traffic control device, nor at any place other than an intersection, nor unless there be sufficient space to make such turn without backing, nor unless prior to and during such turn, the same be signaled in the manner required by state law.

(Ord. 207, 5-6-1975)

(Rep. by Ord. 302, 1-7-1986)

Editor's note— Ord. No. 2024-18, § 13, adopted July 2, 2024, repealed § 11-1-10, which pertained to light requirements for riding horses at night and derived from Ord. 11-1965.

A.

Where traffic control signals are not placed or not in operation, the driver of a vehicle shall yield the right-of-way to any pedestrian crossing the street at any intersection.

B.

A violation of this subsection shall be punishable by an administrative citation.

(Ord. 371, 10-6-1992; Ord. No. 2024-18, § 12, 7-2-2024)

Any person violating any provisions of this chapter shall be guilty of an infraction where a different penalty is specifically proscribed.

(Ord. 207, 5-6-1975; Ord. No. 2024-18, § 12, 7-2-2024)

A.

Use Of Air Compression Brakes Prohibited: The use of air compression brakes (also known as "jake brakes") by vehicles or trucks, as defined in Idaho Code title 49, chapter 1, within the city is hereby prohibited and shall be unlawful except under emergency circumstances when such use is necessary to prevent an accident or injury to persons or property.

(Ord. 508, 4-20-1999)

SECTION:

This ordinance and the related code section shall be known, referred to, and cited as the Kuna City Parking Ordinance.

(Ord. No. 2020-01, § 2, 1-7-2020)

Idaho Code sections 50-302, 50-314, and 49-208 authorize the city to regulate, limit, and control parking within its boundaries.

(Ord. No. 2020-01, § 2, 1-7-2020)

The purpose of this chapter is to promote the public health, safety, and general welfare of the city by providing for safe and orderly use of highways and alleys within the city and to regulate parking upon city parking lots.

(Ord. No. 2020-01, § 2, 1-7-2020; Ord. No. 2021-36, § 1, 9-10-2021)

This chapter sets forth policies, standards, requirements, and procedures applicable to standing, stopping and parking motor vehicles, commercial vehicles, recreational vehicles, and trailers within city boundaries, including but not limited to parking on any highways and alleys, and parking within residential districts and business districts and upon city parking lots.

(Ord. No. 2020-01, § 2, 1-7-2020; Ord. No. 2021-36, § 2, 9-10-2021)

ALLEY: Means a public way of limited use intended only to provide access to the rear or side of lots or buildings in urban districts.

BUSINESS DISTRICT: The territory contiguous to and including a highway when within any six hundred (600) feet along the highway there are buildings in use for business or industrial purposes, including hotels, banks or office buildings, railroad stations and public buildings which occupy at least three hundred (300) feet of frontage on one side or three hundred (300) feet collectively on both sides of the highway.

CHAPTER: Chapter 2, Title 11 of the Kuna City Code.

CITY: City of Kuna, Idaho.

CITY PARKING LOTS: Unless otherwise expressly provided, the term "city parking lots," or any derivation thereof used in this chapter, shall mean any city-owned or maintained off-street parking facility including facilities, or portions thereof, leased from, or licensed by, the city for parking purposes.

COMMERCIAL VEHICLE: For the purposes of this chapter, a motor vehicle or combination of motor vehicles designed or used to transport passengers or property if the motor vehicle:

A.

Has a manufacturer's gross combination weight rating (GCWR) in excess of twenty-six thousand (26,000) pounds inclusive of a towed unit with a manufacturer's gross vehicle weight rating (GVWR) of more than ten thousand (10,000) pounds; or

B.

Has a manufacturer's gross vehicle weight rating (GVWR) in excess of twenty-six thousand (26,000) pounds; or

C.

Is designed to transport sixteen (16) or more people, including the driver; or

D.

Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the hazardous material transportation act and which require the motor vehicle to be placarded under the hazardous materials regulations (49 CFR part 172, subpart F).

A motor vehicle used in a ridesharing arrangement that has a seating capacity for not more than fifteen (15) persons, including the driver, shall not be a "commercial vehicle" under the provisions of this chapter.

DRIVEWAY: Means a private road giving access from a public way to a building on abutting grounds; this shall include paved, concrete, gravel, or other designated parking areas on private property in front of residential structures.

GVWR: Means the gross vehicle weight rating prescribed by a vehicle manufacturer as the maximum loaded weight under which a vehicle can safely operate.

HIGHWAY: Means roads, streets, alleys and bridges laid out or established for the public or dedicated or abandoned to the public. Highways include the entire width between the boundary lines of every highway publicly maintained right-of-way when any part that is open to the use by the public for vehicular travel, including sidewalks, shoulders, berms and rights-of-way not intended for motorized traffic. The term "street" is interchangeable with highway.

MOTOR VEHICLE: Every vehicle that is self-propelled, and for the purpose of titling and registration meets federal motor vehicle safety standards as defined in section 49-107, Idaho Code. Motor vehicle does not include vehicles moved solely by human power, electric personal assistive mobility devices, personal delivery devices, electric-assisted bicycles, and motorized wheelchairs or other such vehicles that are specifically exempt from titling or registration requirements under title 49, Idaho Code.

PARK or PARKING: Means the standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.

RECREATIONAL VEHICLE: Means a motor home, travel trailer, fifth-wheel trailer, park model recreational vehicle, truck camper or folding camping trailer, with or without motive power, designed for recreational or emergency occupancy. It does not include pick-up hoods, shells, or canopies designed, created or modified for occupational usage. School buses or van type vehicles which are converted to recreational use, are defined as recreational vehicles.

RESIDENTIAL DISTRICT: The territory contiguous to and including a highway not comprising a business district when the property on the highway for a distance of three hundred (300) feet or more is in the main improved with residences, or residences and buildings in use for business.

STAND or STANDING: Means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.

STREET: See "Highway."

TRAILER: Includes the following:

A.

General. Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle.

B.

Fifth-wheel trailer. A vehicular unit equipped in the same manner as a travel trailer but constructed with a raised forward section that allows a bi-level floor plan. This style is designed to be towed by a vehicle equipped with a device known as a fifth-wheel hitch, which is typically installed in the bed of a pickup truck.

C.

Fold down camping trailer. A vehicular portable unit mounted on wheels and constructed with collapsible partial side walls, which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters, for recreational, camping or travel use.

D.

Pole trailer. Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.

E.

Semitrailer. Every vehicle without motive power, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by the towing vehicle.

F.

Travel trailer. A vehicular unit, mounted on wheels designed to provide temporary living quarters for recreational, camping, travel or emergency use and of such size or weight as not to require special highway movement permits when towed by a motorized vehicle.

G.

Utility trailer. A trailer or semitrailer designed primarily to be drawn behind a passenger car or pickup truck for domestic and utility purposes. Utility or domestic use shall include a farm trailer while being used to haul agricultural products or livestock from farm to storage, market or processing plant, or returning therefrom.

H.

Watercraft Trailer: A trailer designed to carry a boat or other watercraft, whether or not the boat or other watercraft is presently on the trailer.

VEHICLE: Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

(Ord. No. 2020-01, § 2, 1-7-2020; Ord. No. 2021-36, § 3, 9-10-2021; Ord. No. 2023-04, § 1, 2-7-2023)

A.

Outside a business or residential district no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the roadway when it is practicable to stop, park or so leave the vehicle off the roadway, but in every event in an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of the stopped vehicle shall be available from a distance of two hundred (200) feet in each direction upon the highway.

B.

This section and sections 11-2-7, 11-2-8, and 11-2-9 of this chapter, shall not apply to the driver of any vehicle which is disabled in such a manner and to an extent that it is impossible to avoid stopping and temporarily leaving the vehicle in that position.

(Ord. No. 2020-01, § 2, 1-7-2020)

A.

Except when necessary to avoid conflict with other traffic, in compliance with law, the directions of a peace officer or traffic control device, no person shall:

1.

Stop, stand or park a vehicle:

a.

On the traffic side of any vehicle stopped or parked at the edge or curb of a highway;

b.

On a sidewalk;

c.

Within an intersection;

d.

On a crosswalk;

e.

Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;

f.

Alongside or opposite any highway excavation or obstruction when stopping, standing, or parking would obstruct traffic;

g.

Upon any bridge or other elevated structure upon a highway or within a highway tunnel;

h.

On any railroad tracks;

i.

On any controlled-access highway; or

j.

At any place where traffic-control devices prohibit stopping.

2.

Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:

a.

In front of a public or private driveway;

b.

Within fifteen (15) feet of a fire hydrant;

c.

Within twenty (20) feet of a crosswalk at an intersection;

d.

Within thirty (30) feet upon the approach to any flashing signal, stop sign, yield sign or traffic-control signal located at the side of a highway; provided, however, that local authorities may by ordinance or resolution permit the standing or parking of vehicles which are six (6) feet or less in height within such thirty (30) foot distance, or as may be specified by ordinance or resolution or as may be designated with appropriate signs;

e.

Within twenty (20) feet of the driveway entrance to any fire station and on the side of a highway opposite the entrance to any fire station within seventy-five (75) feet of the entrance (when properly sign-posted);

f.

In front of a mailbox; or

g.

At any place where traffic-control devices prohibit standing.

3.

Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers:

a.

Within fifty (50) feet of the nearest rail of a railroad crossing; or

b.

At any place where traffic-control devices prohibit parking.

B.

No person shall move a vehicle not lawfully under his control into any prohibited area or away from a curb such a distance as to be unlawful.

(Ord. No. 2020-01, § 2, 1-7-2020)

A.

Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way highway shall be stopped or parked with the right-hand wheels parallel to and within eighteen (18) inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder.

B.

Except when otherwise provided by local ordinances, every vehicle stopped or parked upon a one-way highway shall be stopped or parked parallel to the curb or edge of the highway, in the direction of authorized traffic movement, with its right-hand wheels within eighteen (18) inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within eighteen (18) inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder.

C.

Local authorities may permit angle parking on any highway, except that angle parking shall not be permitted on any federal-aid or state highway unless the transportation department has determined that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.

(Ord. No. 2020-01, § 2, 1-7-2020)

A.

No person shall park or place, or cause a vehicle to be parked or placed upon any street, regardless of whether attended or unattended:

1.

For longer than seventy-two (72) hours:

a.

Any company branded vehicle having a GVWR of less than ten thousand (10,000) pounds.

b.

Any motor home or recreational vehicle.

c.

Any utility trailer that is attached to a vehicle.

2.

For longer than two (2) hours:

a.

Any utility trailer that is not attached to a vehicle.

3.

For any length of time:

a.

Any company vehicle having a GVWR greater than ten thousand (10,000) pounds.

b.

Any commercial vehicle.

B.

Exceptions:

1.

For the purpose of loading or unloading materials or merchandise, when such materials or merchandise are actually being loaded or unloaded, and where such vehicle or trailer is parked within one hundred (100) feet of the loading or unloading point.

2.

For any purpose incident to any ongoing, lawful construction project, where such construction project is conducted under a valid City of Kuna building permit and such trailer or vehicle is parked within one hundred (100) feet of such construction project.

3.

For any purpose incident to a lawful commercial or industrial operation, so long as the vehicle is parked within one hundred (100) feet of such commercial or industrial operation.

4.

For the purpose of maintenance or response to emergency by a public utility, public entity, public agency, or the duly authorized agent thereof, where such vehicle is visibly marked and identified as such.

5.

For purposes of law enforcement activities by a public agency.

(Ord. No. 2020-01, § 2, 1-7-2020; Ord. No. 2023-04, §§ 2, 3, 2-7-2023)

A.

Parking a vehicle or the standing of a vehicle in a space reserved for a person with a disability, which space is signed in conformance with the requirements specified in Idaho Code section 49-213(1)(c) of this section, is prohibited, unless a vehicle is momentarily in the space for the purpose of allowing a person with a disability to enter or leave the vehicle, or unless special license plates or placard or temporary placard for a person with a disability is displayed on the vehicle. It is prohibited for any person to park a motor vehicle in a properly marked access aisle in a manner which prevents or reasonably could restrict a person with a disability from entering or exiting their vehicle or in such manner as it would block access to a curb cut or ramp.

B.

The registered owner of a vehicle parked in violation of the provisions of this section is guilty of an infraction, which is punishable by a fine of one hundred dollars ($100.00). Vehicles parked in violation of this section may be towed pursuant to provisions of state law or local ordinance.

Where a peace officer has probable cause to believe a person other than the registered owner is guilty of the infraction under this section, the peace officer shall cite that person instead of the registered owner.

C.

City law enforcement officials are empowered to enter upon private property open to public use to enforce the provisions of this section.

(Ord. No. 2020-01, § 2, 1-7-2020)

A.

No person shall park any vehicle on any city parking lot:

1.

For more than the posted time limit applicable to such parking space in any single day unless the vehicle owner or driver has been issued a permit by the city provided such permit is displayed and said vehicle is parked in accordance with the permit regulations and requirements.

2.

In any space designated for "permit" or "employee" parking.

3.

The city clerk or the department director, who has jurisdiction over any city parking lot, is authorized to promulgate parking permit regulations and fees governing a city parking lot under their jurisdiction, subject to the following:

a.

Compliance with any relevant the public hearing and notice as required by law for the establishment of fees.

b.

City employees shall not be required to pay for permits fees to park while engaged in their employment duties.

c.

Approval of by city council.

4.

In violation of the provisions of this chapter.

(Ord. No. 2021-36, § 4, 9-10-2021)

A.

A violation of a provision of this chapter is punishable by an administrative citation.

B.

Peace officers are authorized to affix a citation to an illegally parked vehicle every two (2), or more, hours until the car is moved. This provision applies to any violation of this chapter, including cars parked in spaces designated for a person with a disability.

C.

Impounding unlawfully parked vehicles: All police officers and code enforcement officers of the city are authorized and empowered to remove or cause to be removed all vehicles parked, caused to be parked or left parked upon any street or city parking lot or area contrary to the provisions of this chapter, or illegally parked, and to store the vehicle, and the owner or operator of the vehicle shall be liable for any reasonable towing and storage charges.

(Ord. No. 2020-01, § 2, 1-7-2020; Ord. No. 2021-36, § 5, 9-10-2021; Ord. No. 2024-18, § 14, 7-2-2024)

Editor's note— Ord. No. 2021-36, § 5, adopted Sept. 10, 2021, renumbered § 11-2-11 as § 11-2-12.

SECTION:

A.

No person shall drive or move any vehicle with any load on any public roadway in the City of Kuna unless such load is so covered or constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping.

B.

No person shall operate any vehicle with any load on any public roadway in the City of Kuna unless the load and/or its covering is securely fastened to prevent the covering or load from becoming loose, detached, or in any manner a hazard to other users of the public roadway.

C.

Any person operating a vehicle on any public roadway in the City of Kuna from which any materials have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public roadway shall immediately cause the public roadway to be cleaned of all such materials and shall pay any costs therefor.

D.

This section shall not apply to vehicles on a public roadway, or a portion thereof, that is closed to travel by the general public. However, prior to the opening or reopening of the public roadway all materials that would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public roadway must be cleaned from the public roadway.

(Ord. 2008-19, 7-15-2008, eff. 10-1-2008)

A.

Nothing in this chapter may be construed to prohibit a government employee or contractor from dropping sand on a highway to enhance traction, or sprinkling water or other substances to clean or maintain a highway.

B.

This chapter shall not apply to agricultural vehicles while being used for agricultural purposes.

(Ord. 2008-19, 7-15-2008, eff. 10-1-2008)

A violation of this chapter shall be punishable by an administrative citation.

(Ord. 2008-19, 7-15-2008, eff. 10-1-2008; Ord. No. 2024-18, § 15, 7-2-2024)

SECTION:

A.

It shall be unlawful to operate any motor vehicle off of any improved street or roadway and on public property within city limits, or on any public property that is posted "MOTOR VEHICLES PROHIBITED".

A person who commits the crime of operating a motor vehicle off of any improved street or roadway on public property within the city limits, or where the operation is in an area signed "MOTOR VEHICLES PROHIBITED" is guilty of a misdemeanor and shall be punished in accordance with KCC 1-4-1.

B.

EXCEPTIONS: Nothing in this chapter shall be construed to prohibit any law enforcement or emergency personnel or person employed by the City of Kuna or other governmental agency from operating a motor vehicle where said operation is done in the course of the person's employment and in a manner not likely to damage any property or structure.

(Ord. No. 2012-07, 3-20-2012)